Dieting and Skipped Meals Blamed For Fatal Car Crash

There is an Oregon case where a decedent’s family is suing a diet company because the driver was on the diet and felt nauseous and lightheaded from the diet. Presumably, the claimants hope to collect on the theory that the diet made the driver nauseous and lightheaded and this caused or contributed to the fatal collision. See article for more information:
https://abcnews.go.com/US/dieting-driver-skipped-meals-fatally-striking-woman-lawsuit/story?id=61598840

For some people, this may seem like lawyers being over-reaching or silly, or this may appear to be a far-fetched claim. While I am not familiar with the facts and circumstances of this claim, please understand that this may not be the case. Injury lawyers often need to look past the obvious in order to make the best recovery for their clients. While in this case and others, the driver may obviously have liability (be at fault) for the loss, but there may be others that may have liability under the law for the loss. Here are a few more common examples.
Employers – Under the law, employers may be liable for the acts of their employees if they are on the job at the time. This is called Respondeat Superior or Vicarious Liability. This is frequently a source of additional insurance and can lead to a much greater recovery for serious injury victims.
Vehicle Owners – When someone other than the owner of a vehicle is driving, the vehicle owner may have liability for the loss and/or their insurance may be implicated. This is sometimes referred to as a permissive driver claim.
Other Vehicles – Sometimes a claim may be made for a vehicle that is involved in the collision and leaves the scene or a vehicle that causes or contributes to the collision, but is not in the collision. This is more common with motorcycles, but can happen with automobiles also. It can even happen with road debris or an item such as a ladder falling off another vehicle. This is sometimes called a Phantom Vehicle. I have even made a recovery in instances where one driver waves a car or pedestrian to go and then another vehicle collides with the victim.

Other Insurance – The at fault driver may have an excess policy or an umbrella policy. People also frequently neglect to consider their own Uninsured or Underinsured Motorist (UM/UIM) coverage. Some people also carry Medical Payments or Personal Injury Protection (PIP) coverage. These additional sources of insurance can make a big difference on the recovery for an injury claim.
Family Member – The insurance of the claimant’s family members may also offer additional insurance coverage in some instances. This is called Resident Relative coverage and sometimes applies for UM/UIM claims. If this coverage is applicable, the recovery for the injury claim may be far greater.

Road Conditions – Sometimes when road conditions, signage, or other factors contribute to a collision a government entity or entities may have some liability and there may be another party from which recovery may be made.
The minimum liability insurance required by Arizona law is only $15,000.00 per person and $30,000.00 per collision maximum, so in order to make the best recovery for an injury victim, a good injury lawyer should look past the obvious and recover from all possible sources. Many times, this can make the difference between a minimal recovery or no recovery at all and something substantial. This is another reason that if you or a loved one is ever injured in a car accident that you should call an experienced injury lawyer the same day, or as soon as possible; and before talking to the insurance company!